## Technical Support Document

Texas Chapter 116 – Control of Air Pollution by Permits for New

Construction or Modification Subchapter D – Permit Renewals

§116.311 and §116.315

Rule Project Numbers:

2007-024-116-PR

2003-003-116-AI

2001-043-116-AI

98001-116-AI

TNRCC Order No. 94-05

February 22, 2010

FOR FURTHER INFORMATION CONTACT: Ms. Melanie Magee, United States Environmental Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-7161.2 Subject : Direct Final Approval of the Revisi ons to the Permit Renewal Application and new regulations for Permit Renewal Subm ittal, 30 TAC Chapter 116, Subchapter D,

Sections 116.311 and 116.315.

Contents : I. Executive Summary

II. Background

III. Summary of State Submittals

IV. Technical Review of State Submittals

V. Recommended Agency Action3 I. Executive Summary

This Technical Support Document (TSD) revi ews proposed revisions to the Texas State Implementation Plan (SIP) concerning the Permit Renewal Application at 30 TAC 116.311, Subchapter D and adds a new section for the Permit Renewal Submittal at 30 TAC 116.315, Subchapter D. The TCEQ adopt ed the revisions to the Permit Renewal Application on November 16, 1995, June 17, 1998, and August 21, 2002. Within the state adopted August 21, 2002 SIP revision, provis ions were revised and recodified to

form a new Permit Renewal Submittal section. Additional revisions were adopted by the

State to the Permit Renewal Submittal se ction on August 20, 2003 and May 7, 2008. The Chairman of the TCEQ submitted these provisions as SIP revisions for TCEQ rule project numbers 96170-050-AD, 98001-116-AI , 2001-043-116-AI, 2003-003-116-AI and

2007-024-116-PR.

With this review, EPA will de termine if the state adopted rules to the Permit Renewal Application and Permit Renewal Submittal prov isions will improve air quality, comply with the Clean Air Act and EPA regulations, and be consistent with EPA’s policies.

II. Background

The Texas air pollution control rules for the Permit Renewal Application were submitted by the Texas Commission on Environmental Quality (TCEQ) (formerly the Texas

Natural Resource Conservation Commissi on) on August 31, 1993 and April 29, 1994 and were approved by EPA into the Texas SI P on March 10, 2006 (71 FR 12285). The EPA approved Permit Renewal Application provi sions are found at 30 TAC Chapter 116, Subchapter D. TCEQ submitted changes to the Permit Renewal section on December 15, 1995. However, within the July 22, 1998 SIP revision submittal, Texas repealed and resubmitted each section under Subchapter D an d reorganized subsection (c) in to new subsections (d) and (e) with changes. In the September 4, 2002 SIP submittal, Texas submitted a recodification of these provisions into a new section, 30 TAC 116.315, Permit Renewal Submittal. On Septembe r 25, 2003 and May 30, 2008, TCEQ submitted changes to the new section 30 TAC 116.315, Pe rmit Renewal Submittal. The September 25, 2003 revisions provide deadlines for the submittal of a permit renewal application. The May 30, 2008 SIP submittal adopted revisions to section 116.315 as a result of the passage of Senate Bill 1673 (SB 1673), 80 th Legislature, 2007. SB 1673 allows the commission to process a renewal application at the same time as an amendment for a preconstruction permit, provided the amendment application is filed not more than three years before the date the permit is schedul ed to expire and is subject to notice requirements.4 The table below summarizes each SIP subm ittal that is affected by this action.

Title of SIP

Submittal Date Submitted to

EPA Date of State Adoption Regulations

Affected Included with

this Action

Permit Renewals 12/15/95 * 11/16/95 *

NSR Rule Revisions; §112(g)

Rule Review for Chapter 116 7/22/98 * 6/17/98 * Revision to 30

TAC 116.311 Approval of

recodification of (c) to (d) and (e).

Shipyard Facilities

and NSR

Maintenance

Emissions 9/4/02 8/21/02 Revision to 30

TAC 116.311 and

116.315 Approval of

recodification of §116.311(d) and (e) to §116.315(a) and (b).

Offset

Certification, New

Source Review Permitting

Processes and

Extensions for

Construction 9/25/03 8/20/03 Revision to 30

TAC 116.315 Approval of (a), (b), (c), (c)(1) and (c)(2).

Concurrent

Review of Permit

Renewals and

Permit

Amendments 5/30/08 5/7/08 Revisions to 30

TAC 116.315 Approval of (a), (b), (c), and (d)

* Because Texas Repealed and resubmitted each sec tion under Subchapter D in its 7/22/98 submittal, our analysis includes 12/15/95 and 7/22/98 SIP submittal together.

III. Summary of State Submittals

A. Summary of State Submittals fo r 30 TAC 116.311, Permit Renewal Application

1. Current SIP . The provisions for section 116.311, Permit Renewal Application were submitted to EPA by the TCEQ (formerly the Texas Natural Resource Conservation Commission, TNRCC) on August 31, 1993 and Ap ril 29, 1994 and were State adopted on August 16, 1993 and April 6, 1994, respectively. EPA approved the submitted revisions on March 10, 2006 (71 FR 12285) and became effective on May 9, 2006.

2. December 15, 1995 and July 22, 1998 SIP Submittals . Texas submitted to EPA a revision to section 116.311 (state adopted November 16, 1995, effective December 11, 1995). With this revision, Texas submitted several changes to the approved SIP. On July 17, 1998, Texas adopted (effective July 8, 1998) and submitted to EPA changes to the Permit Renewal Application section. Because Texas repealed and resubmitted each section under Subchapter D in the July 17, 1998 submittal, our analysis includes the December 15, 1995 and July 22, 1998 submittals together. These submittals have other provisions that have not been evaluated in any prior action and are severable from the5 provisions that we are approving in this acti on because the revisions being addressed here

are ministerial and non-controve rsial in nature. We will address these provisions in separate actions. The remaining provision that will be addressed in this action includes the following:

• Revision and redesignation of existing subsections (c) to subsection (d). Subsection (c) was currently approved and was redesigna ted to new subsection (d). The revision to this subsection was a non-substantative change.

Comments Received . The comment period for this State rulemaking closed on September 21, 1995. The TCEQ received 12 written comments and no oral comments on this rulemaking. TCEQ included a response to comments in the SIP revision package sent to EPA. EPA Region 6 did submit a comment letter for this SIP package. However,

none of the comments were in regards to this action.

B. Summary of State Submittal fo r 30 TAC 116.311, Permit Renewal Application and 30 TAC 116.315, Permit Renewal Submittal

1. September 4, 2002 SIP Submittal . Texas submitted to EPA a revision to section 116.311 (state adopted August 21, 2002, effective September 12, 2002). With this revision, Texas submitted changes to the opti onal incorporation of emissions resulting from routine maintenance, start-up, and shut down (MSS) into new source review (NSR) permits. By making this revisi on, the TCEQ sought to codify certain elements of a policy

that has existed since Febr uary 2001 which allowed MSS incorporation. However with this action, other provisions remain that have not been evaluated in any prior action and are severable from the provision that we are approving in this acti on because the revision being addressed here is ministerial and non- controversial in nature. We will address those remaining provisions in separate actions . The provision that will be addressed in this action includes the following:

• Removal of subsections (d) and (e) and recodification of these subsections into a new

30 TAC 116.315 . The 1995 and 1998 SIP revisions re organized these provisions as subparagraphs (d) and (e) and made non-substa ntive changes. In the September 4, 2002, SIP submittal, these provisions were recodifi ed into a new 30 TAC 116.315(a) and (b).

Comments Received . The comment period for this State rulemaking closed on June 17, 2002. The TCEQ received 10 written comm ents and no oral comments on this rulemaking. TCEQ included a response to comm ents in the SIP revision package sent to EPA. EPA Region 6 did submit a comment lett er for this SIP package; however, the

comments did not reflect concerns with the re moval of subsections (d) and (e) to form a new 30 TAC 116.315 (a) and (b).

C. Summary of State Submittals for 30 TAC 116.315, Permit Renewal Submittal

1. September 25, 2003 SIP Submittal . Texas submitted a revision to section 116.315 (adopted August 20, 2003, effective September 14, 2003) to state that an application for6 permit renewal must be submitted at least six months, but no earlier than 18 months prior to the permit expiration date. The commission intends to allow sufficient time for preparation and submission of renewals for permit holders whose permit expires within six months of the potential effective date of these adopted rules. With the Executive Director approval, applications may be submitted before or after this specified time period. The SIP submittal includes the following changes:

• Revisions to subsection (a): With this submittal, Texas changed the date for submitting a renewal application from 90 days prior to the permit expiration date to the period at least six months, but no earlier than the permit expiration date. This change is an improvement of the existing requirement.

• New subsection (b): The last sentence of subsection (a) was replaced with a new subsection (b) which provides that with approval of the Executive Director, an application for renewal may be submitted after the time period in subsection (a). This revised provision is broader than the current SIP and invol ves director discretion. EPA discourages the use of “director discretion” that allows for a variance from the SIP requirements in contrast to section 110 of th e CAA. However, in this situation, EPA does not have a NSR SIP requirement for NSR permit renewals. Therefore, because the proposed revisions are more stringent than the CAA and NSR requirements and helps improve the current SIP requirements, EPA is approving this SIP revision.

• Redesignation of former subsection (b) to subsection (c): This redesignation is a nonsubstantive change to the SIP.

Comments Received . The comment period for this State rulemaking closed on May 5, 2003. The TCEQ received 7 written co mments and no oral comments on this rulemaking. TCEQ included a response to comm ents in the SIP revision package sent to EPA. EPA Region 6 did submit a comment letter for this SIP package. With this action,

several revisions remain under review in th e SIP submittal and will not be addressed in this action. We will address those provisions in separate actions. EPA Region 6 did not submit any comments related to this action.

2. May 30, 2008 SIP Submittal . The TCEQ adopted revisions to 30 TAC 116.315 as a result of the passage of Senate Bill 1673 (SB 1673), 80 th Legislature, 2007. SB 1673 allows the commission to process a renewa l application at the same time as an amendment for a preconstruction permit, provide d the amendment application is filed not more than three years before the date the perm it is scheduled to expi re and is subject to notice requirements. In order for the TCEQ to process a renewal application concurrently with such as amendment application, the a pplicant must not object . The revisions to section 116.315 were adopted by TCEQ on May 7, 2008 (effective May 29, 2008) and were submitted to EPA on May 7, 2008. The SIP submittal includes the following changes:

• Revision to subsection (a): TCEQ revised the first se ntence of subsection (a) to provide that the provisions apply, except as provided in subsection (b) and (c). Subsection (b) provides that with approval of the Executive Director, an application for renewal may be submitted after the time period in subsection (a). EPA discourages the7 use of “director discretion” that allows for a variance from the SIP requirements in

contrast to section 110 of the CAA. Howeve r, in this situation, EPA does not have a NSR SIP requirement for NSR permit renewals. Therefore, the provision is more stringent than what is currently requi red by the CAA and EPA NSR requirements.

• New subsection (c): This new subsection provided th at a renewal application with appropriate fee may be submitted at the same time as an amendment application to modify an existing facility as long as it is submitted not more than three years before the permit’s expiration date and the amendmen t is subject to public notice requirements

under Texas Health Code, §382.056, Notice of Intent to Obtain Permit or Permit Review; Hearing.

• Redesignation of former subsection (c) to subsection (d): This redesignation is a non-substantive change to the SIP.

Comments Received . The comment period for this State rulemaking closed on February 4, 2008. The TCEQ received 1 written co mment and no oral comments on this rulemaking. TCEQ included a response to comm ents in the SIP revision package sent to EPA. EPA Region 6 did submit a comment lett er for this SIP package. The following comments related to this action were submitted by EPA Region 6 to TCEQ:

EPA Comment 1: The TCEQ must ensure that any requirements relating to public notice and comment procedures meet all Federal requi rements and the more stringent of the two (permit renewals/permit amendments) must be used. The public notice requirements

should not be relaxed if a renewal and amendment is processed concurrently.

TCEQ Response: The requirements concerning the c oncurrent processing of renewals and amendments meet all federal require ments and the associated public notice requirements have not been relaxed. In a c oncurrent review, the renewal and amendment applications could be noticed together and would require publication in a newspaper with at least a 30-day public comment period, whic h are required under fe deral rules. The purpose of this rulemaking is to implemen t the statutory change to THSC, §382.055, that establishes the timing of permit renewals and does not change public notice requirements or permit fees. No change has been made as a result of this comment.

EPA Review Comment : In TCEQ’s response, the public notice requirements do not appear to have been relaxed with this action. Therefore, EPA is in agreement that no changes are necessary at this time.

EPA Comment 2: Texas has submitted earlier versions of §116.315 to the EPA for SIP approval. EPA has not completed its review of these earlier SIP submittals and has not approved them into the SIP.

TCEQ Response: TCEQ anticipates that this SIP revision can be processed simultaneously with previous revisions gove rning permit review and public notice. While this amendment adds language to §116.31 5 concerning the concurrent processing

of renewals and amendments, this amendment does not change the intent of the existing8 rule language that was submitted to the EPA in previous SIP revisions. No change has

been made as a result of this comment.

EPA Review Comment : With this action, EPA has dete rmined that certain portions of

the §116.311 and §116.315 SIP revisions are severa ble from the other revisions. Since the referenced provisions are severable, EPA is proposing to approve in this action only those revisions that are noted within this analysis.

EPA Comment 3: The TCEQ needs to explain w hy, in the proposed §116.315(c), it cites to the Health and Safety Code, §382.056 instead of the agency’s implementing regulations. Does TCEQ implement H ealth and Safety Code, §382.056 through 30 TAC Chapter 39? The way the rule is currently written, it does not given the public clear notice of current regulatory standards and requi rements. Furthermore, if the requirements of §382.056 are implemented under 30 TAC Chap ter 39, TCEQ may need to address the concerns that EPA has prev iously provided to TCEQ on August 14, 2006, concerning public participation.

TCEQ Response: Reference to THSC, §382.056, in amended §116.315 follows the text of SB 1673. This rulemaking provides an al ternative means of submitting and reviewing renewal and amendment application concurren tly; however, it does not alter or eliminate the requirements for public notice as required in Chapter 39. No change has been made

as a result of this comment.

EPA Review Comment : On November 26, 2008 (73 FR 72001), EPA proposed a limited approval and limited disapproval of the Texas Ch apter 39 public particip ation provisions.

Because the revisions to section 315 are seve rable from the Chapter 39 provisions and no changes were made to the public notice requ irements, EPA is approving the revisions to

section 315.

EPA Comment 4: Section 116.315(c) should explai n what is meant by “renewal application with appropriate fee” and “amen dment application to modify the existing facility.” The rule should include a cr oss-reference to the appropriate regulatory requirement related to applications and fees for both amendments and renewals. Because

the fees are different under the programs for permit amendment and permit renewal, the

rule should make it clear what fee should be paid. The ru le should specify whether the source must pay the higher of the two fees or pay a fee that is the sum of the fees that would be paid if the amendment and renewal were processed separately and a statement of the basis for the decision of which fee must be paid.

TCEQ Response : As stated in the previous response , the purpose of this rulemaking is to implement the statutory change to THSC, §382.055 that establishes the timing of permit renewals. Concurrent processing of a renewa l and an amendment does not change the fee amount from what it would have been if they were processed separately, but the fees would be due when the applications are subm itted. Since one fee amount was not chosen over another, a statement of basis was not provi ded. No change has been made as a result

of this comment.9 EPA Review Comment : Because Texas did not change the provisions to requirement one

fee over another, EPA is approving the revision.

EPA Comment 5: Under the existing provisions in §116.315(b), the Executive Director has discretion to allow an applicant to submit a permit application for renewal past the 6 month deadline. Texas must include replicable provisions to determine when a permit application may be submitted before or af ter the time period specified in 116.315(a).

TCEQ Response: The basis of the inclusion of § 116.315(b) is not within the scope of this rulemaking. Variances ar e allowed in instances where the Executive Director did not send out a timely renewal notice. It is al so possible for an app licant to request an extension. If the request was provided befo re the expiration date to allow for the Executive Director approval, and if the Executive Director approves the request, a variance may be allowed. As long as the agen cy receives the renewa l application before the expiration date, the applica tion is considered timely and the applicant can continue to operate under the original pe rmit until the permit is renewed. Issuance of the renewal does not necessarily have to occur before th e expiration date in or der for the permit to remain in effect. No change has been made as a result of this comment.

EPA Review Comment : This revised provision is broader than the current SIP and

involves director discretion. EP A discourages the use of “direct or discretion” that allows for a variance from the SIP requirements in contrast to section 110 of the CAA.

However, in this situation, EPA does not have a NSR SIP requirement for NSR permit renewals. Therefore, because the proposed revisions are more stringent than the CAA and NSR requirements and helps improve the current SIP requirements, EPA is proposing to approve this SIP revision.

IV. Technical Review of the State Submittal

The technical review of the proposed SIP revisi ons consists of four elements of review. The elements considered during this review are contained in the Appendices and include the following. Appendix A. Evaluation of the December 15, 1995, July 22, 1998, September 4, 2002 and September 25, 2003 and May 30, 2008 SIP submittals with respect to Part 51, Appendi x V Completeness Determination Appendix B. Evaluation of the December 15, 1995, July 22, 1998, September 4, 2002 and September 25, 2003 and May 30, 2008 SIP submittals with respect to the requirements of 40 CFR Part 51 Appendix C. Evaluation of the December 15, 1995, July 22, 1998, September 4, 2002 and September 25, 2003 and May 30, 2008 SIP submittals with respect to section 110( l) of the Clean Air Act. Appendix D. Review of Proposed Re visions against the SIP Approved Regulations10 The Part 51, Appendix V Completeness Determ ination sets forth the minimum criteria for determining whether a submitted SIP is an official submission for purposes of review. The Review with Respect to Part 51 is pres ented as a section-by-s ection review of the submittal in comparison to 40 CFR Part 51. This analysis is used to determine whether the submittal satisfies the requirements for preparation, adoption, and submittal of a SIP revision. Section 110(l) of the Clean Air Act states that a SI P revision must not interfere with attainment or reasonable further progre ss or any other applicab le requirement of the Act. To demonstrate compliance with secti on 110(l) a review has b een completed for the proposed SIP revisions. Fina lly, a word-by-word comparison of the current SIP approved section and the proposed SIP revisions are in cluded in the section entitled “Review of Proposed Revisions against the SIP Approved Regulations.” From this Technical

Review, the basis is formed for the determ ination of whether or not the December 15, 1995, July 22, 1998, September 4, 2002, September 25, 2003 and May 30, 2008 SIP submittals were in agreement with the CAA and other EPA policies or guidance.

V. Recommended Agency Action

The technical analysis provided in the preced ing sections has compared the applicable

sections of the CAA and 40 CFR Part 51 to TCEQ’s December 15, 1995, July 22, 1998, September 4, 2002, September 25, 2003 and Ma y 30, 2008 proposed revisions to the SIP, enacted at 30 TAC Chapter 116, Subchapter D, Sections 116.311 and 116.315. Specifically, EPA proposes to approve the following:

• 30 TAC 116.311 – The removal of subsection (c) of 30 TAC 116.311 which were reorganized into new subsections (d) and (e) in SIP revisions submitted December 15, 1995, and July 22, 1998; and rec odified into a new 30 TAC 116.315, submitted September 4, 2002.

• 30 TAC 116.315 – as submitted September 4, 2002, and revisions submitted September 25, 2003 and May 30, 2008.

The SIP submittals dated July 22, 1998, September 4, 2002 and September 25, 2003 have provisions that have not been addressed in this evaluation or in any prior action and which are severable from the provisions that we are proposing to approve in this action. These severable provisions are identified in the Appendix of this TSD. These provisions

remain under review and will not be addressed in this action except to show that they are severable from the provisions that are being addressed in this action. We will address these provisions in separate actions. The remaining provision s that will be addressed in a separate action include the following:

1. Remaining severable provisions in the July 22, 1998 SIP submittal. The following provisions of this SIP submittal that have not been previously addressed in an action or is included in a separate ac tion: §116.10(1)-(3), (6), (8)-(10), and (14); 116.13; 116.110(a)(3); 116.116(e)-(f) ; 116.117; 116.118; 116.136; 116.174; 116.620;

116.714-116.715, 116.721, 116.730 and 116.750.

2. Remaining severable provisions in the September 4, 2002 SIP submittal. The following provisions of the SIP submittal that have not been previously addressed in11 an action or is included in a separate action: §116.10( 1)-(3), (6), (7)(F), (8), (9), (10) and (14); 116.711; 116.715, 116.778, 116.803 and 116.919.

3. Remaining severable provisions in the September 25, 2003 SIP submittal. The following provisions of this SIP submittal will be addressed in a separate action

§116.114, 116.115 and 116.120.

Our review has found that the s ections proposed for approval in this action are consistent with the CAA and 40 CFR Part 51. Therefore, EPA Region 6 is proposing to approve the

revisions identified in the A ppendix to section 116.311 and 116.315.12 Appendix A. Evaluation of the Decem ber 15, 1995, July 22, 1998, September 4, 2002 and September 25, 2003 and May 30, 2008 SIP submittals with respect to Part 51, Appendix V Completeness Determination

Appendix V of 40 CFR Part 51 outlines the minimum criteria for determining whether a State implementation plan is consid ered an official subm ission for purposes of

review under section 51.103. The attached check list outlines the basi c criteria included under 2.1 and 2.2 of Appendix V. However, Section 2.3 of Appendix V describes the “parallel process procedure” whic h EPA had previously adopted to expedite the review of plans. This feature is being deleted fr om the next revised CFR on completeness.

Therefore, it is not included in the checklist.13 SIP Completeness Checklist

TNRCC Order No. 94-05

When preparing a SIP revision request, the SIP reviewer should go through this list to help identify that the package submitted to EPA is complete. States can use the check list to assure SIP submittals meet Appendix V criteria.

Administrative Materials (2.1)

1. The package is sent with a formal submitta l letter from the Governor or his or her designee requesting EPA’s approval of the revision.

The SIP revision was submitted by a letter from the Texas Governor, George W. Bush, on

December 15, 1995.

2 Evidence is included that the State has a dopted the revision in the State code or body of regulations, or that the State has i ssued the permit, orde r, consent agreement (hereafter document) in final form. This ev idence would include the date of adoption or

final issuance and the effective date of revi sion, if different from adoption/issuance date.

The revisions were adopted by the Te xas Commission on Environmental Quality (formerly the Texas Natural Resource Conservation Commission) on November 16, 1995 and became effective December 11, 1995

.

3. Evidence is included that the State has necessary legal authority under State law to adopt and implement the revision, e.g., a ci tation of the appropriate State authority.

The authority for promulgating changes to the Texas State Implementation Plan is found in Chapter 382 of the Te xas Health and Safety Code

.

4. A copy is included of th e actual regulation or docum ent submitted for approval and incorporation by reference into the SIP in cluding an indication of the changes made to the existing approved plan where applicab le. The submittal shall be a copy of the official State regulation document signed, st amped, and dated by the appropriate State official indicating that it is fully enforceab le by the State. The effective date of the regulation document shall, whenever possible, be indicated in the document itself.

The December 15, 1995 submittal included a copy of the official State regulation document, signed, stamped, and dated by Barry R. McBee, Chairman, Texas Natural

Resource Conservation Commission

.

5. Evidence is included that the State followe d all the procedural requirements of its

laws and/or its constitution in the conducting and completing the adoption/issuance of the plan.14 The authority for promulgating changes to the Texas State Implementation Plan is found in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code

.

6. Evidence is included that public noti ce was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication of such notice, (e.g., notarized or certified copies of a ny public notices published in newspapers). (The notice should be at le ast 30 days prior to the public hearing(s).

Notices of public hearing were published on August 22, 1995 in the Fort Worth StarTelegram and the Houston Chronicle and on August 23, 1995 in the Austin American

Statesman

.

7. A certification is included indicating that public hearin g(s) was/were held in accordance with the information provided in th e public notice(s) and the State's laws and constitution, if applicable.

The order adopting the new and amended se ction to 30 TAC Chapter 116 provided evidence that the public hearing was conduc ted pursuant to Texas Health and Safety Code §382.017 and §51.102.

8. A compilation of public comments a nd the State's response is included.

The SIP submittal package did include a compilation of public comments and the State’s responses. The TCEQ received 12 written comments and no oral comments from the public hearing

.

Technical Support (2.2)

The State should include the following techni cal information in its SIP revision request package.

1. Identification of all regu lated pollutants affected by the revision is included.

This is not applicable to the SIP revision under review. This SIP revision addresses the Permit Renewal Application se ction under 30 TAC Chapter 116.

2. Identification of the locations of affected sources including the EPA attainment/nonattainment design ation of the locations and th e status of the attainment plan for the affected area(s) is included.

This SIP revision applies to new construction and major modifications statewide.

3. Quantification of the changes in SIP allowable emissions from the affected sources is included. (Examples include estima tes of changes in current actual emissions from affected sources and/or, where appropr iate, quantification of changes in actual15 emissions from affected sources through calcu lations of the differences between certain

baseline levels and allowable emissions an ticipated if the revi sions were approved.)

Quantification of the changes in SIP allowable em issions from the affected sources is not applicable to this SIP revision.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as applicable would be pr otected if the revision were approved and implemented.

The SIP submittal does include revisions to the PSD and NSR permitting programs. The State’s response to comments addressed con cerns about the protection of the NAAQS and PSD increments associated with the proposed SIP revisions. However, the state did not

include a demonstration.

5. FOR REDESIGNATIONS: a. Is there a fully approved maintenan ce plan for the primary ambient air quality standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable

.

b. Are contingency measures included?

Not applicable

.

6. Modeling information, if applicable, is required to support the propose revision.

Modeling information is not nece ssary to support the SIP revision

.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add-on controls, industrial/process equipment designs, reformulated materials, etc.).

Evidence of emission limitations based on CEM technology is not applicable

.

8. Evidence is included indicating that a SI P revision contains emission limitations, work practice standards, and recordkeepi ng/reporting requirements to ensure stated

emission levels.16 Enforceability is determined on a case-b y-case basis in ea ch individual permit

.

9. Compliance/enforcement strategies including how compliance will be determined in practice (including at what frequency).

Determination of compliance is specified on a case-by-case basis in each individual permit

.

10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explanation why such justificati ons are not necessary should be included. For example, requests for alternative RACT may require such justification.

These justifications are not n ecessary for this SIP revision

.

The SIP submittal of TNRCC Order No. 94-05 meets the completeness criteria.17 SIP Completeness Checklist

Rule Log No.: 98001-116-AI

When preparing a SIP revision request, the SIP reviewer should go through this list to help identify that the package submitted to EPA is complete. States can use the check list to assure SIP submittals meet Appendix V criteria.

Administrative Materials (2.1)

1. The package is sent with a formal submitta l letter from the Governor or his or her designee requesting EPA’s approval of the revision.

The SIP revision was submitted by a letter from the Texas Governor, George W. Bush, on July 22, 1998.

2 Evidence is included that the State has a dopted the revision in the State code or body of regulations, or that the State has i ssued the permit, orde r, consent agreement (hereafter document) in final form. This ev idence would include the date of adoption or

final issuance and the effective date of revi sion, if different from adoption/issuance date.

The revisions were adopted by the Te xas Commission on Environmental Quality (formerly the Texas Natural Resource Conservation Commission) on June 17, 1998 and became effective July 8, 1998

.

3. Evidence is included that the State has necessary legal authority under State law to adopt and implement the revision, e.g., a ci tation of the appropriate State authority.

The authority for promulgating changes to the Texas State Implementation Plan is found in Chapter 382 of the Te xas Health and Safety Code

.

4. A copy is included of th e actual regulation or docum ent submitted for approval and incorporation by reference into the SIP in cluding an indication of the changes made to the existing approved plan where applicab le. The submittal shall be a copy of the official State regulation document signed, st amped, and dated by the appropriate State official indicating that it is fully enforceab le by the State. The effective date of the regulation document shall, whenever possible, be indicated in the document itself.

The July 22, 1998 submittal included a copy of the official State regulation document, signed, stamped, and dated by Barry R. Mc Bee, Chairman, Texas Natural Resource

Conservation Commission.

.

5. Evidence is included that the State followe d all the procedural requirements of its

laws and/or its constitution in the conducting and completing the adoption/issuance of the plan.18 The authority for promulgating changes to the Texas State Implementation Plan is found in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code

.

6. Evidence is included that public noti ce was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication of such notice, (e.g., notarized or certified copies of a ny public notices published in newspapers). (The notice should be at le ast 30 days prior to the public hearing(s).

Notices of public hearing were publishe d on March 10, 1998 in the Austin American

Statesman, March 11, 1998 in the Fort Wort h Star-Telegram and Beaumont EnterpriseJournal and March 13, 1998 in the Houston Chronicle . A public hearing was held April

16, 1998.

7. A certification is included indicating that public hearin g(s) was/were held in accordance with the information provided in th e public notice(s) and the State's laws and constitution, if applicable.

The order adopting the new and amended se ction to 30 TAC Chapter 116 provided evidence that the public hearing was conduc ted pursuant to Texas Health and Safety Code §382.017 and §51.102.

8. A compilation of public comments a nd the State's response is included.

The SIP submittal package did include a compilation of public comments and the State’s responses. The TCEQ received 3 written comments and no oral comments from the public notice

.

Technical Support (2.2)

The State should include the following techni cal information in its SIP revision request package.

1. Identification of all regu lated pollutants affected by the revision is included.

This is not applicable to the SIP revision under review. This SIP revision addresses the Permit Renewal Application se ction under 30 TAC Chapter 116.

2. Identification of the locations of affected sources including the EPA attainment/nonattainment design ation of the locations and th e status of the attainment plan for the affected area(s) is included.

This SIP revision applies to new construction and major modifications statewide.

3. Quantification of the changes in SIP allowable emissions from the affected sources is included. (Examples include estima tes of changes in current actual emissions from affected sources and/or, where appropr iate, quantification of changes in actual19 emissions from affected sources through calcu lations of the differences between certain

baseline levels and allowable emissions an ticipated if the revi sions were approved.)

Quantification of the changes in SIP allowable em issions from the affected sources is not applicable to this SIP revision.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as applicable would be pr otected if the revision were approved and implemented.

The SIP submittal does include revisions to the PSD and NSR permitting programs. The State’s response to comments addressed con cerns about the protection of the NAAQS and PSD increments associated with the proposed SIP revisions. However, the state did not

include a demonstration.

5. FOR REDESIGNATIONS: a. Is there a fully approved maintenan ce plan for the primary ambient air quality standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable

.

b. Are contingency measures included?

Not applicable

.

6. Modeling information, if applicable, is required to support the propose revision.

Modeling information is not nece ssary to support the SIP revision

.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add-on controls, industrial/process equipment designs, reformulated materials, etc.).

Evidence of emission limitations based on CEM technology is not applicable

.

8. Evidence is included indicating that a SI P revision contains emission limitations, work practice standards, and recordkeepi ng/reporting requirements to ensure stated

emission levels.20 Enforceability is determined on a case-b y-case basis in ea ch individual permit

.

9. Compliance/enforcement strategies including how compliance will be determined in practice (including at what frequency).

Determination of compliance is specified on a case-by-case basis in each individual permit

.

10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explanation why such justificati ons are not necessary should be included. For example, requests for alternative RACT may require such justification.

These justifications are not n ecessary for this SIP revision

.

The SIP submittal of Ru le Log No.: 98001-116-AI meets the completeness criteria.21 SIP Completeness Checklist

Rule Log No.: 2001-043-116-AI

When preparing a SIP revision request, the SIP reviewer should go through this list to help identify that the package submitted to EPA is complete. States can use the check list to assure SIP submittals meet Appendix V criteria.

Administrative Materials (2.1)

1. The package is sent with a formal submitta l letter from the Governor or his or her designee requesting EPA’s approval of the revision.

The SIP revision was submitted by a letter from Robert Huston, Chairman of the Texas Natural Resource Conservation Commission, dated September 4, 2002. Governor Rick Perry designated that the Chairman of the Texas Natural Resource Conservation Commission would be his designee for SIP submittals in a letter dated May 21, 2002.

2 Evidence is included that the State has a dopted the revision in the State code or body of regulations, or that the State has i ssued the permit, orde r, consent agreement (hereafter document) in final form. This ev idence would include the date of adoption or

final issuance and the effective date of revi sion, if different from adoption/issuance date.

The revisions were adopted by the Te xas Commission on Environmental Quality (formerly the Texas Natural Resource C onservation Commission) on August 21, 2002 and became effective September 12, 2002

.

3. Evidence is included that the State has necessary legal authority under State law to adopt and implement the revision, e.g., a ci tation of the appropriate State authority.

The authority for promulgating changes to the Texas State Implementation Plan is found in Chapter 382 of the Te xas Health and Safety Code

.

4. A copy is included of th e actual regulation or docum ent submitted for approval and incorporation by reference into the SIP in cluding an indication of the changes made to the existing approved plan where applicab le. The submittal shall be a copy of the official State regulation document signed, st amped, and dated by the appropriate State official indicating that it is fully enforceab le by the State. The effective date of the regulation document shall, whenever possible, be indicated in the document itself.

The September 4, 2002, submittal included a copy of the official State regulation document, signed, stamped, and dated by R obert J. Huston, Chairman of the Texas

Natural Resource Conservation Commission

.22 5. Evidence is included that the State followe d all the procedural requirements of its

laws and/or its constitution in the conducting and completing the adoption/issuance of the plan.

The authority for promulgating changes to the Texas State Implementation Plan is found in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code

.

6. Evidence is included that public noti ce was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication of such notice, (e.g., notarized or certified copies of a ny public notices published in newspapers). (The notice should be at le ast 30 days prior to the public hearing(s).

Notices of public hearing were publishe d on May 10, 2002 in the Fort Worth StarTelegram, Austin American Statesman and the Houston Chronicle

.

7. A certification is included indicating that public hearin g(s) was/were held in accordance with the information provided in th e public notice(s) and the State's laws and constitution, if applicable.

The order adopting the new and amended se ction to 30 TAC Chapter 116 provided evidence that the public hearing was conduc ted pursuant to Texas Health and Safety Code §382.017 and §51.102.

8. A compilation of public comments a nd the State's response is included.

The SIP submittal package did include a compilation of public comments and the State’s responses. The TCEQ received 10 written comments and no oral comments from the public notice

.

Technical Support (2.2)

The State should include the following techni cal information in its SIP revision request package.

1. Identification of all regu lated pollutants affected by the revision is included.

This is not applicable to the SIP revision under review. This SIP revision addresses the Permit Renewal Application and Permit Renewal Submittal sections under 30 TAC Chapter 116.

2. Identification of the locations of affected sources including the EPA attainment/nonattainment design ation of the locations and th e status of the attainment plan for the affected area(s) is included.

This SIP revision applies to new construction and major modifications statewide.23 3. Quantification of the changes in SIP allowable emissions from the affected sources is included. (Examples include estima tes of changes in current actual emissions from affected sources and/or, where appropr iate, quantification of changes in actual emissions from affected sources through calcu lations of the differences between certain

baseline levels and allowable emissions an ticipated if the revi sions were approved.)

Quantification of the changes in SIP allowable em issions from the affected sources is not applicable to this SIP revision.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as applicable would be pr otected if the revision were approved and implemented.

The SIP submittal does include revisions to the PSD and NSR permitting programs. The State’s response to comments addressed con cerns about the protection of the NAAQS and PSD increments associated with the proposed SIP revisions. However, the state did not

include a demonstration.

5. FOR REDESIGNATIONS: a. Is there a fully approved maintenan ce plan for the primary ambient air quality standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable

.

b. Are contingency measures included?

Not applicable

.

6. Modeling information, if applicable, is required to support the propose revision.

Modeling information is not nece ssary to support the SIP revision

.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add-on controls, industrial/process equipment designs, reformulated materials, etc.).

Evidence of emission limitations based on CEM technology is not applicable

.

8. Evidence is included indicating that a SI P revision contains emission limitations, work practice standards, and recordkeepi ng/reporting requirements to ensure stated

emission levels.24 Enforceability is determined on a case-b y-case basis in ea ch individual permit

.

9. Compliance/enforcement strategies including how compliance will be determined in practice (including at what frequency).

Determination of compliance is specified on a case-by-case basis in each individual permit

.

10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explanation why such justificati ons are not necessary should be included. For example, requests for alternative RACT may require such justification.

These justifications are not n ecessary for this SIP revision

.

The SIP submittal of Ru le Log No.: 2001-043-116-AI meets the completeness

criteria.25 SIP Completeness Checklist

Rule Log No.: 2003-003-116-AI

When preparing a SIP revision request, the SIP reviewer should go through this list to help identify that the package submitted to EPA is complete. States can use the check list to assure SIP submittals meet Appendix V criteria.

Administrative Materials (2.1)

1. The package is sent with a formal submitta l letter from the Governor or his or her designee requesting EPA’s approval of the revision.

The SIP revision was submitted by a letter from Robert Huston, Chairman of the Texas Natural Resource Conservation Commission, dated September 25, 2003. Governor Rick Perry designated that the Chairman of the Texas Natural Resource Conservation Commission would be his designee for SIP submittals in a letter dated May 21, 2002.

2 Evidence is included that the State has a dopted the revision in the State code or body of regulations, or that the State has i ssued the permit, orde r, consent agreement (hereafter document) in final form. This ev idence would include the date of adoption or

final issuance and the effective date of revi sion, if different from adoption/issuance date.

The revisions were adopted by the Te xas Commission on Environmental Quality (formerly the Texas Natural Resource C onservation Commission) on August 20, 2003 and became effective September 14, 2003

.

3. Evidence is included that the State has necessary legal authority under State law to adopt and implement the revision, e.g., a ci tation of the appropriate State authority.

The authority for promulgating changes to the Texas State Implementation Plan is found in Chapter 382 of the Te xas Health and Safety Code

.

4. A copy is included of th e actual regulation or docum ent submitted for approval and incorporation by reference into the SIP in cluding an indication of the changes made to the existing approved plan where applicab le. The submittal shall be a copy of the official State regulation document signed, st amped, and dated by the appropriate State official indicating that it is fully enforceab le by the State. The effective date of the regulation document shall, whenever possible, be indicated in the document itself.

The September 25, 2003, submittal included a copy of the official State regulation document, signed, stamped, and dated by R obert J. Huston, Chairman of the Texas

Natural Resource Conservation Commission

.26 5. Evidence is included that the State followe d all the procedural requirements of its

laws and/or its constitution in the conducting and completing the adoption/issuance of the plan.

The authority for promulgating changes to the Texas State Implementation Plan is found in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code

.

6. Evidence is included that public noti ce was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication of such notice, (e.g., notarized or certified copies of a ny public notices published in newspapers). (The notice should be at le ast 30 days prior to the public hearing(s).

Notices of public hearing were publishe d on March 23, 2003 in the Fort Worth StarTelegram and March 24, 2003 in the Aus tin American Statesman and the Houston

Chronicle

.

7. A certification is included indicating that public hearin g(s) was/were held in accordance with the information provided in th e public notice(s) and the State's laws and constitution, if applicable.

The order adopting the new and amended se ction to 30 TAC Chapter 116 provided evidence that the public hearing was conduc ted pursuant to Texas Health and Safety Code §382.017 and §51.102.

8. A compilation of public comments a nd the State's response is included.

The SIP submittal package did include a compilation of public comments and the State’s responses. The TCEQ received 7 written comments and no oral comments from the public hearing

.

Technical Support (2.2)

The State should include the following techni cal information in its SIP revision request package.

1. Identification of all regu lated pollutants affected by the revision is included.

This is not applicable to the SIP revision under review. This SIP revision addresses the Application Review Sc hedule under Chapter 116.

2. Identification of the locations of affected sources including the EPA attainment/nonattainment design ation of the locations and th e status of the attainment plan for the affected area(s) is included.

This SIP revision applies to new construction and major modifications statewide.27 3. Quantification of the changes in SIP allowable emissions from the affected sources is included. (Examples include estimates of changes in current actual emissions from affected sources and/or, where appropr iate, quantification of changes in actual emissions from affected sources through calcu lations of the differences between certain

baseline levels and allowable emissions an ticipated if the revi sions were approved.)

Quantification of the changes in SIP allowable em issions from the affected sources is not applicable to this SIP revision.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as applicable would be pr otected if the revision were approved and implemented.

The SIP submittal does include revisions to the PSD and NSR permitting programs. The State’s response to comments addressed con cerns about the protection of the NAAQS and PSD increments associated with the proposed SIP revisions. However, the state did not

include a demonstration.

5. FOR REDESIGNATIONS: a. Is there a fully approved maintenan ce plan for the primary ambient air quality standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable

.

b. Are contingency measures included?

Not applicable

.

6. Modeling information, if applicable, is required to support the propose revision.

Modeling information is not nece ssary to support the SIP revision

.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add-on controls, industrial/process equipment designs, reformulated materials, etc.).

Evidence of emission limitations based on CEM technology is not applicable

.

8. Evidence is included indicating that a SI P revision contains emission limitations, work practice standards, and recordkeepi ng/reporting requirements to ensure stated

emission levels.28 Enforceability is determined on a case-b y-case basis in ea ch individual permit

.

9. Compliance/enforcement strategies including how compliance will be determined in practice (including at what frequency).

Determination of compliance is specified on a case-by-case basis in each individual permit

.

10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explanation why such justificati ons are not necessary should be included. For example, requests for alternative RACT may require such justification.

These justifications are not n ecessary for this SIP revision

.

The SIP submittal of Ru le Log No.: 2003-003-116-AI meets the completeness

criteria.29 SIP Completeness Checklist

Rule Log No.: 2007-024-116-PR

When preparing a SIP revision request, the SIP reviewer should go through this list to help identify that the package submitted to EPA is complete. States can use the check list to assure SIP submittals meet Appendix V criteria.

Administrative Materials (2.1)

1. The package is sent with a formal submitta l letter from the Governor or his or her designee requesting EPA’s approval of the revision.

The SIP revision was submitted by a letter fr om Buddy Garcia, Chairman of the Texas Commission on Environmental Quality, dated May 30, 2008. Governor Rick Perry designated that the Chairman of the Texa s Commission on Environmental Quality would be his designee for SIP submittals in a letter dated May 21, 2002

.

2 Evidence is included that the State has a dopted the revision in the State code or body of regulations, or that the State has i ssued the permit, orde r, consent agreement (hereafter document) in final form. This ev idence would include the date of adoption or

final issuance and the effective date of revi sion, if different from adoption/issuance date.

The revisions were adopted by the Texas Commission on Environmental Quality on May 7, 2008 and became effective May 29, 2008

.

3. Evidence is included that the State has necessary legal authority under State law to adopt and implement the revision, e.g., a ci tation of the appropriate State authority.

The authority for promulgating changes to the Texas State Implementation Plan is found in Chapter 382 of the Te xas Health and Safety Code

.

4. A copy is included of th e actual regulation or docum ent submitted for approval and incorporation by reference into the SIP in cluding an indication of the changes made to the existing approved plan where applicab le. The submittal shall be a copy of the official State regulation document signed, st amped, and dated by the appropriate State official indicating that it is fully enforceab le by the State. The effective date of the regulation document shall, whenever possible, be indicated in the document itself.

The May 30, 2008 submittal included a copy of the official State regulation document, signed, stamped, and dated by Buddy Garcia, Chairman of the Texas Commission on Environmental Quality

.

5. Evidence is included that the State followe d all the procedural requirements of its

laws and/or its constitution in the conducting and completing the adoption/issuance of the plan.30 The authority for promulgating changes to the Texas State Implementation Plan is found in the Texas Clean Air Act, Chapter 382 of the Texas Health and Safety Code

.

6. Evidence is included that public noti ce was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication of such notice, (e.g., notarized or certified copies of a ny public notices published in newspapers). (The notice should be at le ast 30 days prior to the public hearing(s).

Notices of public hearing were published on December 14, 2007 in the Austin American

– Statesman, Fort Worth Star – Te legram and the Houston Chronicle

.

7. A certification is included indicating that public hearin g(s) was/were held in accordance with the information provided in th e public notice(s) and the State's laws and constitution, if applicable.

A public hearing for the revised sections to 30 TAC Chapter 116.114 was held January 29, 2008 and was conducted pursuant to Texas Health and Safety Code §382.017 and 40

CFR §51.102.

8. A compilation of public comments a nd the State's response is included.

The SIP submittal package did include a compilation of public comments and the State’s responses. The TCEQ received 1 written co mment and no oral comments from the public hearing

.

Technical Support (2.2)

The State should include the following techni cal information in its SIP revision request package.

1. Identification of all regu lated pollutants affected by the revision is included.

This is not applicable to the SIP revision under review. This SIP revision addresses the

Permit Renewal Submittal sec tion under 30 TAC Chapter 116

.

2. Identification of the locations of affected sources including the EPA attainment/nonattainment design ation of the locations and th e status of the attainment plan for the affected area(s) is included.

This SIP revision applies to new construction and major modifications statewide

.

3. Quantification of the changes in SIP allowable emissions from the affected sources is included. (Examples include estima tes of changes in current actual emissions from affected sources and/or, where appropr iate, quantification of changes in actual31 emissions from affected sources through calcu lations of the differences between certain

baseline levels and allowable emissions an ticipated if the revi sions were approved.)

Quantification of the changes in SIP allowable em issions from the affected sources is not applicable to this SIP revision

.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as applicable would be pr otected if the revision were approved and implemented.

The SIP submittal does include revisions to the PSD and NSR permitting programs. The State’s response to comments addressed con cerns about the protection of the NAAQS and PSD increments associated with the proposed SIP revisions. However, the state did not

include a demonstration

5. FOR REDESIGNATIONS: a. Is there a fully approved maintenan ce plan for the primary ambient air quality standards for at least 10 years as requ ired by §175A of the Clean Air Act?

Not applicable

.

b. Are contingency measures included?

Not applicable

.

6. Modeling information, if applicable, is required to support the propose revision.

Modeling information is not nece ssary to support the SIP revision

.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add-on controls, industrial/process equipment designs, reformulated materials, etc.).

Evidence of emission limitations based on CEM technology is not applicable

.

8. Evidence is included indicating that a SI P revision contains emission limitations, work practice standards, and recordkeepi ng/reporting requirements to ensure stated

emission levels.32 Enforceability is determined on a case-b y-case basis in ea ch individual permit

.

9. Compliance/enforcement strategies including how compliance will be determined in practice (including at what frequency).

Determination of compliance is specified on a case-by-case basis in each individual permit

.

10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explanation why such justificati ons are not necessary should be included. For example, requests for alternative RACT may require such justification.

These justifications are not n ecessary for this SIP revision

.

The SIP submittal of Rule Log No.: 2007-024-116-PR meet s the completeness

criteria.33Appendix B. Evaluation of the December 15, 1995, July 22, 1998, September 4, 2002, September 25, 2003 and May 30, 2008SIP submittals with respect to the requirements of 40 CFR Part 51Requirements for the preparation, adoption, and submittal of implementation plans can be found in 40 CFR Part 51. The revisions toSection 116.311, Permit Renewal Application and Section 116.315, Permit Renewal Submittal were evaluated against the applicablerequirements in Part 51. The analysis isincluded in Tables 1 and 2 below.Table 1: Analysis of Part 51 Requirements for the December 15, 1995, July 22, 1998 and September 4, 2002 SIP SubmittalsPart 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.311 Permit Renewal ApplicationSubmitted 12/15/95 and 7/22/98§116.311 Permit Renewal ApplicationSubmitted 9/4/02Subpart A – Emission InventoryReporting RequirementsRequirements found in Part 51 Subpart A are not applicable to thesection under review in this document. Section 116.311 providesthe deadline dates for the submittal of a permit renewal applicationand is not concerned with emission inventory reportingrequirements for TCEQ.No ChangeSubpart B – E [Reserved]Not Applicable Not ApplicableSubpart F – ProceduralRequirements§51.100 Definitions§51.100 is not applicable to the §116.311 under review in thisTSD.No Change§51.101 Stipulations§51.101 is not applicable to the §116.311 under review in thisTSD.No Change§51.102 Public Hearings•States must conduct one ormore public hearings;•Public hearings will onlybe held after reasonablenotice, given at least 30days prior to the date ofthe hearing; and•The state must submit withthe revision a certificationthat the hearing was heldRule Log No 96170-050-ADSubmitted 12/15/95•TCEQ held a public hearingon this rule package inAustin, Texas on September21, 1995.•The public hearing was heldafter reasonable notice wasgiven. TCEQ publishednotice of the public hearing inthe following newspapers onRule Log No 98001-116-AISubmitted 7/22/98•TCEQ held a public hearingon this rule package in Austin,Texas on April 16, 1998.•The public hearing was heldafter reasonable notice wasgiven. TCEQ publishednotice of the public hearing inthe following newspapers onthe dates listed below for thisRule Log No 2001-043-116-AI•TCEQ held a public hearing on thisrule package in Austin, Texas on June10, 2002.•The public hearing was held afterreasonable notice was given. TCEQpublished notice of the public hearingin the following newspapers on thedates listed below for this rule package:•Austin American-Statesman – May10, 2002;34Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.311 Permit Renewal ApplicationSubmitted 12/15/95 and 7/22/98§116.311 Permit Renewal ApplicationSubmitted 9/4/02in accordance with thissection.the dates listed below for thisrule package:•Austin AmericanStatesman – August 23,1995;•Fort Worth Start-Telegram– August 22, 1995;•Houston Chronicle –August 22, 1995.•Unable to locate thecertification that the publichearings were held inaccordance with §51.102.rule package:•Austin American Statesman–March 10, 1998;•Beaumont EnterpriseJournal – March 11,1998;•Fort Worth Star Telegram –March 11, 1998;•Houston Chronicle – March13, 1998.•Unable to locate thecertification that the publichearings were held inaccordance with §51.102.•Fort Worth Star Telegram – May10, 2002;•Houston Chronicle – May 10, 2002.•Unable to locate the certification thatthe public hearings were held inaccordance with §51.102§51.103 Submission of plans,preliminary review of plans•The state makes an officialplan submission to EPAonly when the submissionconforms to therequirements of Part 51,Appendix V•The state delivers 5 copiesof the plan with a lettergiving notice of the actionto the EPA regional office.The rule packages meet the requirements for completeness. The rule package meets the requirementsfor completeness.§51.104 Revisions•States may revise the planfrom time to time•EPA will approve revisionsonly after appropriatepublic hearingrequirements have beenRule Log No 96170-050-ADSubmitted 12/15/95George W. Bush, Governor ofthe State of Texas, submittedthe Chapter 116 revisions onDecember 15, 1995 as a SIPrevision.Rule Log No 98001-116-AISubmitted 7/22/98George W. Bush, Governor ofthe State of Texas, submitted theChapter 116 revisions on July22, 1998 as a SIP revision.Robert J. Huston, Chairman of the TCEQ(formerly the TNRCC) submitted Chapter116 revisions on September 4, 2002 as aSIP revision.35Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.311 Permit Renewal ApplicationSubmitted 12/15/95 and 7/22/98§116.311 Permit Renewal ApplicationSubmitted 9/4/02met;•Revisions must besubmitted in accordancewith §51.103.Subpart G – Control StrategyRequirements found in 51, Subpart G are not applicable to thesection under review in this document. Section 116.311 providesdeadlines for the submittal of a permit renewal application and isnot concerned with control strategies necessary to attain ormaintain NAAQS.No ChangeSubpart H – Prevention of AirPollution Emergency EpisodesRequirements found in 51, Subpart H are not applicable to thesection under review in this document. Section 116.311 providesdeadlines for the submittal of a permit renewal application and isnot concerned with air pollution emergency episode plans.No ChangeSubpart I – Review of New Sourcesand Modifications§51.160 Legally EnforceableProceduresEPA has approved the nonattainment and PSD portions of theTCEQ permitting program as sufficient to determine whether theproposed construction or modification results in a violation of thecontrol strategy and/or attainment or maintenance of the NAAQS.Therefore, TCEQ has the necessary legal authority to implementand enforce the permit revision procedures in accordance with therequirements of the CAA.No Change§51.161 Public availability ofinformationThe TCEQ provided the public the opportunity to participate instakeholder meetings in the rulemaking development process, andthe public received comment periods on the proposed plan.No Change§51.162 Identification ofresponsible agencyThe Texas SIP identifies the Texas Commission on EnvironmentalQuality (TCEQ) as the organization that will develop, implement,and enforce the SIP.No Change§51.163 Administrative ProceduresTexas enforcement provisions are not typically included inindividual rules but are separately codified. TCEQ has thenecessary legal authority to implement and enforce the permitrevision procedures in accordance with the requirements of theCAA.No Change§51.164 Stack Height RequirementsRequirements found in §51.164 are not applicable to the section No Change36Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.311 Permit Renewal ApplicationSubmitted 12/15/95 and 7/22/98§116.311 Permit Renewal ApplicationSubmitted 9/4/02under review in this document.§51.165 Permit RequirementsThe TCEQ Program for the Control of Air Pollution by Permits forNew Construction or Modification (Chapter 116 – PSD/NNSRReview) has been previously approved by EPA as addressing allrequirements of §51.165. The section addition to the SIP –§116.311 does not substantively change our determination that theTCEQ Program for the Control of Air Pollution by Permits forNew Construction or Modification addresses the requirements of§51.165.No Change§51.166 Prevention of SignificantDeterioration of Air QualityThe TCEQ Program for the Control of Air Pollution by Permits forNew Construction or Modification (Chapter 116 – PSD/NNSRReview) has been previously approved by EPA as addressing allrequirements of §51.166. The section addition to the SIP –§116.311 does not substantively change our determination that theTCEQ Program for the Control of Air Pollution by Permits forNew Construction or Modification addresses the requirements of§51.166.No ChangeSubpart J – Ambient Air QualitySurveillanceRequirements found in 51, Subpart J are not applicable to thesections under review in this document.No ChangeSubpart K – Source SurveillanceRequirements found in 51, Subpart K are not applicable to thesections under review in this document.No ChangeSubpart L – Legal AuthorityThe revisions to Chapter 116 were developed and submitted inaccordance with the Texas Clean AirAct, Chapter 382 of the TexasHealth and Safety Code. The Texas Health and Safety Code andthe enforcement provisions in the Texas Water Code provideTCEQ the necessary legal authority to implement the SIP.No ChangeSubpart M – IntergovernmentalConsultationRequirements found in 51, Subpart M are not applicable to thesection under review in this document.No ChangeSubpart N – Compliance ScheduleRequirements found in 51, Subpart N are not applicable to thesections under review in this document.No ChangeSubpart O – Miscellaneous PlanContent Requirements•Each plan must include adescription of resources•During the development of the Chapter 116 SIP revisions, theTCEQ determined that their fiscal and manpower resources areadequate and will not be adversely affected through theimplementation of the revisions to the New Source ReviewNo Change37Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.311 Permit Renewal ApplicationSubmitted 12/15/95 and 7/22/98§116.311 Permit Renewal ApplicationSubmitted 9/4/02available to the State at thedate of the submittal of theplan and during the next 5-years.•Copies of all rules andregulations that arenecessary to attain andmaintain the NAAQS mustbe submitted.•Each plan must provide forpublic notification when astandard has been violated.Permitting Program. This analysis is documented in thepreamble to the proposed and final rulemakings.•The revisions to §116.311 do not establish new emission limitsor control strategies; therefore itis not necessary that a copy ofall rules and regulations related to attaining or maintaining theNAAQS be submitted.Additionally, while permit renewal deadlines are contained in§116.311, the revisions in this SIP submittal do not revise thepublic notice aspects of the permit programs. Therefore it is notnecessary for this SIP submittalto establish procedures wherebythe public will be notified of NAAQS violations.Subpart P- Protection of VisibilityThe §116.311 revisions are not submitted as part of Texas’ plan toprotect visibility.No ChangeSubpart Q – ReportsSection 116.311 does not revise the existing reporting requirementsfor the emission inventory in the Texas SIP.No ChangeSubpart R – ExtensionsSection 116.311 provisions do not include a request for an 18-month extension.No ChangeSubpart S –Inspection/Maintenance ProgramRequirementsRequirements found in 51, Subpart S are not applicable to thesection under review in this document.No ChangeSubpart T – Conformity to State orFederal Implementation Plans ofTransportation Plans, Programs,and Projects Developed, Funded, orApproved Under Title 23 U.S.C. orthe Federal Transit LawsSection 116.311 provisions do not interfere with or change thetransportation conformity budgets developed for eachnonattainment and maintenance area pursuant to Subpart T.No ChangeSubpart U – Economic IncentiveProgramsRequirements found in 51 Subpart U are not applicable to thesections under review in this document. Subpart U establishesrequirements for statutorily mandated EIPs.No ChangeSubpart W – DeterminingConformity of General FederalActions to State or FederalImplementation PlansSection 116.311 provisions do not change or modify the Texasprocedures used to determine conformity of federal actions,consistent with subpart W.No Change38Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.311 Permit Renewal ApplicationSubmitted 12/15/95 and 7/22/98§116.311 Permit Renewal ApplicationSubmitted 9/4/02Subpart X – Provisions forImplementation of 8-Hr OzoneNAAQSRequirements found in 51 Subpart X are for the implementation ofthe 8-hour ozone NAAQS. Section 116.311 provisions do notchange the implementation of the 8-hour ozone NAAQS.No ChangeSubpart Y – MitigationRequirementsSection 116.311 provisions do not create procedures by whichTexas could exclude air quality data due to exceptional events.No ChangeSubpart Z – Provisions forImplementation of PM2.5 NationalAmbient Air Quality StandardsRequirements found in 51 Subpart Z are for the implementation ofthe PM2.5 NAAQS. Section 116.311provisions does not establishprocedures for implementing the PM2.5 NAAQS.No ChangeTable 2: Analysis of Part 51 Requirements for the September 4, 2002, September 25, 2003 and May 30, 2008 SIP SubmittalsPart 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.315 Permit RenewalSubmittalSubmitted 9/4/02§116.315 Permit RenewalSubmittalSubmitted 9/25/03§116.315 Permit RenewalSubmittalSubmitted 5/30/08Subpart A – Emission InventoryReporting RequirementsRequirements found in Part 51Subpart A are not applicable to thesection under review in thisdocument. Section 116.315provides the deadline dates for thesubmittal of a permit renewalapplication and is not concernedwith emission inventory reportingrequirements for TCEQ.No ChangeNo ChangeSubpart B – E [Reserved]Not Applicable Not Applicable NotApplicableSubpart F – ProceduralRequirements§51.100 Definitions§51.100 is not applicable to the§116.315 under review in this TSD.No Change No Change§51.101 Stipulations§51.101 is not applicable to the§116.315 under review in this TSD.No Change No Change§51.102 Public Hearings•States must conduct one orRule Log No 2001-043-116-AI•TCEQ held a public hearing onRule Log No 2003-003-116-AI•TCEQ held a public hearingRule Log No 2007-023-116-PR•TCEQ held a public hearing on39Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.315 Permit RenewalSubmittalSubmitted 9/4/02§116.315 Permit RenewalSubmittalSubmitted 9/25/03§116.315 Permit RenewalSubmittalSubmitted 5/30/08more public hearings;•Public hearings will onlybe held after reasonablenotice, given at least 30days prior to the date ofthe hearing; and•The state must submit withthe revision a certificationthat the hearing was heldin accordance with thissection.this rule package in Austin,Texas on June 10, 2002.•The public hearing was held afterreasonable notice was given.TCEQ published notice of thepublic hearing in the followingnewspapers on the dates listedbelow for this rule package:•Austin American-Statesman –May 10, 2002;•Fort Worth Star Telegram –May 10, 2002;•Houston Chronicle – May 10,2002.Unable to locate the certificationthat the public hearings were heldin accordance with §51.102on this rule package in Austin,Texas on April 24, 2003.•The public hearing was heldafter reasonable notice wasgiven. TCEQ publishednotice of the public hearing inthe following newspapers onthe dates listed below for thisrule package:•Austin American Statesman–March 24, 2003;•Fort Worth Star Telegram –March 23, 2003;•Houston Chronicle – March24, 2003.•Unable to locate thecertification that the publichearings were held inaccordance with §51.102.this rule package in Austin, Texason September 24, 2007.•The public hearing was held afterreasonable notice was given.TCEQ published notice of thepublic hearing in the followingnewspapers on the dates listedbelow for this rule package:•Austin American-Statesman –August 23, 2007•Fort Worth Star Telegram –August 24, 2007;•Houston Chronicle – August24, 2007•Unable to locate the certificationthat the public hearings were heldin accordance with §51.102§51.103 Submission of plans,preliminary review of plans•The state makes an officialplan submission to EPAonly when the submissionconforms to therequirements of Part 51,Appendix V•The state delivers 5 copiesof the plan with a lettergiving notice of the actionto the EPA regional office.The rule package meets therequirements for completeness.The rule package meets therequirements for completeness.The rule package meets therequirements for completeness.§51.104 RevisionsRobert J. Huston, Chairman of the Robert Huston, Chairman of the BuddyGarcia, Chairman of the40Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.315 Permit RenewalSubmittalSubmitted 9/4/02§116.315 Permit RenewalSubmittalSubmitted 9/25/03§116.315 Permit RenewalSubmittalSubmitted 5/30/08•States may revise the planfrom time to time•EPA will approve revisionsonly after appropriatepublic hearingrequirements have beenmet;•Revisions must besubmitted in accordancewith §51.103.TCEQ (formerly the TNRCC)submitted Chapter 116 revisions onSeptember 4, 2002 as a SIPrevision.TCEQ, submitted the Chapter116 revisions on September 30,2003 as a SIP revision.TCEQ submitted Chapter 116revisions on January 24, 2008 as aSIP revision.Subpart G – Control StrategyRequirements found in 51, SubpartG are not applicable to the sectionunder review in this document.Section 116.315 provides deadlinesfor the submittal of a permitrenewal application and is notconcerned with control strategiesnecessary to attain or maintainNAAQS.No ChangeNo ChangeSubpart H – Prevention of AirPollution Emergency EpisodesRequirements found in 51, SubpartH are not applicable to the sectionunder review in this document.Section 116.315 provides deadlinesfor the submittal of a permitrenewal application and is notconcerned with air pollutionemergency episode plans.No ChangeNo ChangeSubpart I – Review of New Sourcesand Modifications§51.160 Legally EnforceableProceduresEPA has approved thenonattainment and PSD portions ofthe TCEQ permitting program assufficient to determine whether theNo ChangeNo Change41Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.315 Permit RenewalSubmittalSubmitted 9/4/02§116.315 Permit RenewalSubmittalSubmitted 9/25/03§116.315 Permit RenewalSubmittalSubmitted 5/30/08proposed construction ormodification results in a violationof the control strategy and/orattainment or maintenance of theNAAQS. Therefore, TCEQ has thenecessary legal authority toimplement and enforce the permitrevision procedures in accordancewith the requirements of the CAA.§51.161 Public availability ofinformationThe TCEQ provided the public theopportunity to participate instakeholder meetings in therulemaking development process,and the public received commentperiods on the proposed plan.No ChangeNo Change§51.162 Identification ofresponsible agencyThe Texas SIP identifies the TexasCommission on EnvironmentalQuality (TCEQ) as the organizationthat will develop, implement, andenforce the SIP.No ChangeNo Change§51.163 Administrative ProceduresTexas enforcement provisions arenot typically included in individualrules but are separately codified.TCEQ has the necessary legalauthority to implement and enforcethe permit revision procedures inaccordance with the requirementsof the CAA.No ChangeNo Change§51.164 Stack Height RequirementsRequirements found in §51.164 arenot applicable to the section underreview in this document.No ChangeNo Change§51.165 Permit RequirementsThe TCEQ Program for the Controlof Air Pollution by Permits for NewThe TCEQ Program for theControl of Air Pollution byNo Change42Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.315 Permit RenewalSubmittalSubmitted 9/4/02§116.315 Permit RenewalSubmittalSubmitted 9/25/03§116.315 Permit RenewalSubmittalSubmitted 5/30/08Construction or Modification(Chapter 116 – PSD/NNSRReview) has been previouslyapproved by EPA as addressing allrequirements of §51.165. Thesection addition to the SIP –§116.315 does not substantivelychange our determination that theTCEQ Program for the Control ofAir Pollution by Permits for NewConstruction or Modificationaddresses the requirements of§51.165.Permits for New Construction orModification (Chapter 116 –PSD/NNSR Review) has beenpreviously approved by EPA asaddressing all requirements of§51.165. The revision to the SIP– §116.315 does notsubstantively change ourdetermination that the TCEQProgram for the Control of AirPollution by Permits for NewConstruction or Modificationaddresses the requirements of§51.165.§51.166 Prevention of SignificantDeterioration of Air QualityThe TCEQ Program for the Controlof Air Pollution by Permits for NewConstruction or Modification(Chapter 116 – PSD/NNSRReview) has been previouslyapproved by EPA as addressing allrequirements of §51.166. Thesection addition to the SIP –§116.315 does not substantivelychange our determination that theTCEQ Program for the Control ofAir Pollution by Permits for NewConstruction or Modificationaddresses the requirements of§51.166.The TCEQ Program for theControl of Air Pollution byPermits for New Construction orModification (Chapter 116 –PSD/NNSR Review) has beenpreviously approved by EPA asaddressing all requirements of§51.166. The revision to the SIP– §116.315 does notsubstantively change ourdetermination that the TCEQProgram for the Control of AirPollution by Permits for NewConstruction or Modificationaddresses the requirements of§51.166.No ChangeSubpart J – Ambient Air QualitySurveillanceRequirements found in 51, SubpartJ are not applicable to the sectionsunder review in this document.No Change No Change43Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.315 Permit RenewalSubmittalSubmitted 9/4/02§116.315 Permit RenewalSubmittalSubmitted 9/25/03§116.315 Permit RenewalSubmittalSubmitted 5/30/08Subpart K – Source SurveillanceRequirements found in 51, SubpartK are not applicable to the sectionsunder review in this document.No Change No ChangeSubpart L – Legal AuthorityThe revisions to Chapter 116 weredeveloped and submitted inaccordance with the Texas CleanAir Act, Chapter 382 of the TexasHealth and Safety Code. The TexasHealth and Safety Code and theenforcement provisions in theTexas Water Code provide TCEQthe necessary legal authority toimplement the SIP.NoChangeSubpart M – IntergovernmentalConsultationRequirements found in 51, SubpartM are not applicable to the sectionunder review in this document.No Change No ChangeSubpart N – Compliance ScheduleRequirements found in 51, SubpartN are not applicable to the sectionsunder review in this document.No ChangeNo ChangeSubpart O – Miscellaneous PlanContent Requirements•Each plan must include adescription of resourcesavailable to the State at thedate of the submittal of theplan and during the next 5-years.•Copies of all rules andregulations that arenecessary to attain andmaintain the NAAQS mustbe submitted.•Each plan must provide for•During the development of theChapter 116 SIP revisions, theTCEQ determined that theirfiscal and manpower resourcesare adequate and will not beadversely affected through theimplementation of the revisionsto the New Source ReviewPermitting Program. Thisanalysis is documented in thepreamble to the proposed andfinal rulemakings.•The revisions to §116.315 do notestablish new emission limits orNo ChangeNo Change44Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.315 Permit RenewalSubmittalSubmitted 9/4/02§116.315 Permit RenewalSubmittalSubmitted 9/25/03§116.315 Permit RenewalSubmittalSubmitted 5/30/08public notification when astandard has been violated.control strategies; therefore it isnot necessary that a copy of allrules and regulations related toattaining or maintaining theNAAQS be submitted.•Additionally, while permitrenewal deadlines are containedin §116.315, the revisions in thisSIP submittal do not revise thepublic notice aspects of thepermit programs. Therefore it isnot necessary for this SIPsubmittal to establish procedureswhereby the public will benotified of NAAQS violations.Subpart P- Protection of VisibilityThe §116.315 revisions are notsubmitted as part of Texas’ plan toprotect visibility.No Change No ChangeSubpart Q – ReportsSection 116.315 does not revise theexisting reporting requirements forthe emission inventory in the TexasSIP.No ChangeNo ChangeSubpart R – ExtensionsSection 116.315 provisions do notinclude a request for an 18-monthextension.No ChangeNo ChangeSubpart S –Inspection/Maintenance ProgramRequirementsRequirements found in 51, SubpartS are not applicable to the sectionunder review in this document.No ChangeNo ChangeSubpart T – Conformity to State orFederal Implementation Plans ofTransportation Plans, Programs,and Projects Developed, Funded, orApproved Under Title 23 U.S.C. orSection 116.315 provisions do notinterfere with or change thetransportation conformity budgetsdeveloped for each nonattainmentand maintenance area pursuant toNo ChangeNo Change45Part 51-Requirements forPreparation, Adoption, andSubmittal of Implementation Plans§116.315 Permit RenewalSubmittalSubmitted 9/4/02§116.315 Permit RenewalSubmittalSubmitted 9/25/03§116.315 Permit RenewalSubmittalSubmitted 5/30/08the Federal Transit LawsSubpart T.Subpart U – Economic IncentiveProgramsRequirements found in 51 SubpartU are not applicable to the sectionsunder review in this document.Subpart U establishes requirementsfor statutorily mandated EIPs.No ChangeNo ChangeSubpart W – DeterminingConformity of General FederalActions to State or FederalImplementation PlansSection 116.315 provisions do notchange or modify the Texasprocedures used to determineconformity of federal actions,consistent with subpart W.No ChangeNo ChangeSubpart X – Provisions forImplementation of 8-Hr OzoneNAAQSRequirements found in 51 SubpartX are for the implementation of the8-hour ozone NAAQS. Section116.315 provisions do not changethe implementation of the 8-hourozone NAAQS.No ChangeNo ChangeSubpart Y – MitigationRequirementsSection 116.315 provisions do notcreate procedures by which Texascould exclude air quality data dueto exceptional events.No ChangeNo ChangeSubpart Z – Provisions forImplementation of PM2.5 NationalAmbient Air Quality StandardsRequirements found in 51 SubpartZ are for the implementation of thePM2.5 NAAQS. Section 116.315provisions do not establishprocedures for implementing thePM2.5 NAAQS.No ChangeNo Change46 Appendix C. Evaluation of the December 15, 1995, July 22, 1998, September 4, 2002, September 25, 2003 and May 30, 2008 SIP Submittals with respect to section 110(l) of the Clean Air Act.

Section 110(l) of the Clean Air Act states:

Each revision to an implementation plan s ubmitted by a State under this Act shall be adopted by such State after re asonable notice and public hearing. The Administrator shall not approve a revi sion of a plan if the revision would interfere with any applicable requirem ent concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.

Thus, under section 110(l), this SIP revision must not interfere with attainment or reasonable further progress or any other applicable requirement of the Act.

In this review, the revisions to sectio n 116.311, Permit Renewal Application, and section

116.315, Permit Renewal Submittal, that were submitted to EPA on December 15, 1995, July 22, 1998, September 4, 2002, September 25, 2003 and May 30, 2008 were only included in this analysis. Texas submitted changes for 30 TAC 116.311 on December 15, 1995. However, within the July 22, 1998 SIP revision submittal, Texas repealed and resubmitted each section under Subchapter D and reorganized subsection (c) into new subsections (d) and (e) with changes. In the September 4, 2002 SIP submittal; Texas submitted a recodification of these provisions into a new section, 30 TAC 116.315, Permit Renewal Submittal. On Septembe r 25, 2003 and May 30, 2008, TCEQ submitted changes to the new section 30 TAC 116.315, Permit Renewal Submittal. The changes submitted for this section affects the permit renewal dates.

The reviewed revisions to the Permit Renewal Application and Permit Renewal Submittal

will not interfere with attainment or reasona ble further progress or any other applicable requirement of the Act because the revisions under review with this action revises and recodifies the existing section 116.311 and tr ansfers some provisions to a new section

116.315. These revisions will not interfere with the SIP-approved functionality of the Permit Renewal Application which has already b een demonstrated to be consistent with section 110(l) through our March 10, 2006 approval.47Appendix D. Review of Proposed Revisions against the SIP Approved Regulations116.311 – Permit Renewal ApplicationEPA Approved 3/10/06SIP Submitted 12/15/95 and 7/22/98SIP Submitted 9/4/02Comments(c) A permit holder that fails tosubmit an application for reviewand renewal within 90 dayspursuant to §116.310 of this title(relating to Notification of PermitHolder, after receivingnotification from the TNRCCpursuant to subsection (a) of thissection will cause the subjectpermit to expire, unless the timeperiod for the submission of theapplication is extended by theexecutive director. Permits aresubject to the following schedule:(d)(c)AnA permit holder that failsto submit anapplication for reviewandrenewal must be submittedwithin 90 days prior to expiration ofthe permit orpursuant to §116.310of this title (relating to Notificationof Permit Holder, after receivingnotification from the TNRCCpursuant to subsection (a) of thissection will cause the subjectpermitwilltoexpire. The, unless the timeperiod for the submission of theapplication is extended by theexecutive director may extend thetime period for submitting anapplication.Permits are subject tothe following schedule:(d) * * *Approval.(e) Any permit issued:Approval.(1) Any permit issued beforeDecember 1, 1991 is subject forreview 15 years after the date ofissuance; or(1) Any permit issuedbeforeDecember 1, 1991 is subject forreview 15 years after the date ofissuance; or(1) * * *Approval.(2) Any permit issued on or afterDecember 1, 1991 is subject forreview every ten years after thedate of issuance.(2) Any permit issuedon or afterDecember 1, 1991 is subject forreview every ten years after the dateof issuance.(2) * * *Approval.(3) For cause, a permit issued onor after December 1, 1991, for a(3) at nonfederal sourcesFor cause,a permit issuedon or after December(3) * * *Approval.48116.311 – Permit Renewal Applicationfacility at a nonfederal sourcemay contain a provision requiringthe permit to be renewed at aperiod of between five and tenyears.1, 1991, may for causefor a facilityat a nonfederal sourcemay contain aprovision requiring renewalthepermit to be renewed at a period ofbetween five and ten years.§116.315 – Permit Renewal SubmittalSIP Submitted 9/4/02SIP Submitted 9/25/03SIP Submitted 5/30/08Comments(a) (d)An application for renewal mustbe submitted at least 90 days prior toexpiration of the permit or the permitwill expire. The executive director mayextend the time period for submittingan application.(a) An application for renewal mustbe submitted at least six months, butno earlier than 18 months, 90 daysprior to expiration of the permit or thepermit will expire. This subsectionwill be effective on May 1, 2004.Theexecutive director may extend thetime period for submitting anapplication.(a) With the exception of subsections(b) and (c) of this section. anAnapplication for renewal must besubmitted at least six months, but noearlier than 18 months, prior toexpiration of the permit or the permitwill expire. This subsection will beeffective on May 1, 2004.Approval.(b) With executive director approval,the application may be submittedbefore or after the time periodspecified in subsection (a) of thissection.Approval.(c) A renewal application withappropriate fee may be submittedat the same time as an amendmentapplication to modify an existingfacility as long as it is submittednot more than three years beforethe permit’s expiration date andthe amendment is subject to publicApproval49§116.315 – Permit Renewal Submittalnotice requirementsunder TexasHealth Code, §382.056, Notice ofIntent to Obtain Permit or PermitReview; Hearing.(b)(e)Any permit issued :(1) before December 1, 1991, is subjectfor review 15 years after the date ofissuance;(2) on or after December 1, 1991, issubject for review every ten years afterthe date of issuance.(3) at non-federal sources on or afterDecember 1, 1991, may, for cause,contain a provision requiring renewalbetween five and ten years.(c)(b)* * *(d)(c)* * *Approval